Tuesday, July 12, 2011

Defending the cases/suits filed in Courts against Government-Instructions-reg.

GOVERNMENT OF KARNATAKA
No.DPAR 8 SDE 84 Karnataka Government Secretariat,
Vidhana Soudha
Bangalore, dated the 14th March 1984.

CIRCULAR

Sub:- Defending the cases/suits filed in Courts against Government-Instructions-reg.

Government have come across cases in which suits filed against Government Departments were decided ex-parte on the ground that the Government Pleaders authorised by Government to defend the suits did not appeal on the dates of hearing. Another reason for such a situation is that the defendant Heads of Departments do not pursue the suits/cases with Government Pleaders with proper care and ensure effective defence.
Departmental Heads as defendants to suits are responsible to see that effective steps are taken in time to defend the cases, giving no room for any laxity on their part in pursuing the cases with Government counsels. Government, therefore direct that in cases/suits filed against Government in Courts, the concerned Heads of Departments and Officers should take necessary action to defend by providing timely assistance to the defence counsels authorised by Government and pursue the cases till they are heard and decided by the Courts.
The Secretaries to Government are requested to bring these instructions to the notice of the Heads of Departments and all other concerned Officers/Officials. The Secretary, Department of Law and Parly. Affairs in particular is requested to issue suitable instructions to the District Government Pleaders.

sd/-
A.H. Someshwar
Joint Secretary to Government,
Department of Personnel & Admnv. Reforms,
(Service Rules)

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